AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE FEDERAL TRANSIT ADMINISTRATION AND THE CALIFORNIA STATE HISTORIC PRESERVATION OFFICER REGARDING THE LOS ANGELES WESTSIDE SUBWAY EXTENSION PROJECT, LOS ANGELES COUNTY, CALIFORNIA WHEREAS, the Memorandum of Agreement between the Federal Transit Administration and the California State Historic Preservation Officer regarding the Los Angeles Westside Subway Extension Project, Los Angeles, California (original MOA) for the Los Angeles Westside Subway Extension Project (Undertaking), currently known as the Westside Purple Line Extension, was executed on March 7, 2012; and WHEREAS, the Undertaking comprises Sections 1, 2, and 3; and the Federal Transit Administration (FTA) and the Los Angeles County Metropolitan Transportation Authority (LACMTA) held a groundbreaking ceremony on November 7, 2014, for Section 1 of the Undertaking, which is a 3.92-mile section from the existing Wilshire/Western Station to Wilshire/La Cienega with three new stations: Wilshire/La Brea, Wilshire/Fairfax, and Wilshire/La Cienega; and held a groundbreaking ceremony on February 23, 2018, for Section 2 of the Undertaking, which is a 2.59-mile section from Wilshire/La Cienega to Century City with two new stations: Wilshire/Rodeo and Century City/Constellation; and WHEREAS, Section 3 of the Undertaking is a 2.56-mile section from Century City to the U.S. Department of Veterans Affairs (VA) West Los Angeles (WLA) Campus of the Greater Los Angeles Healthcare System (GLAHS) with two new stations: Westwood/UCLA and Westwood/VA Hospital; and WHEREAS, this amendment (MOA Amendment) to the original MOA was prepared for Section 3 of the Undertaking because refinements to the alignment, design of the stations, and construction staging of Section 3 of the Undertaking, located between Century City and the VA WLA Campus, have occurred and required a revision to the area of potential effects (APE) (Appendix A) and a reassessment of effects to previously identified historic properties, namely the Linde (Westwood) Medical Plaza, (Westwood) Federal Building, the West Los Angeles Veterans Affairs Historic District (WLA VA Historic District, formerly referred to as the VA Medical Center Historic District in the original MOA, but currently known as the WLA VA Historic District, consistent with the National Register of Historic Places (NRHP) listing in 2014), and the Los Angeles National Cemetery (LANC), News Stand (Streetcar Depot), and Wadsworth Chapel (Catholic-Protestant Chapels), which are eligible and individually listed in the NRHP but are also contributing properties to the WLA VA Historic District; and WHEREAS, FTA, in consultation with the California State Historic Preservation Officer (SHPO), has determined the refinements to Section 3 of the Undertaking will not result in additional adverse effects to known historic properties, and that the previous finding of adverse effect for the Undertaking remains appropriate, per 36 CFR 800.5(d)(2); and WHEREAS, the letter from SHPO dated December 12, 2018, stated the original MOA for the Undertaking should be amended to reflect the refinements to Section 3 of the Undertaking and inclusion of additional consulting parties; to incorporate the avoidance and minimization measures for properties 1 included in the Historic Properties Reassessment of Effects Report (October 2018) that are listed in or eligible for listing in the NRHP in order to avoid unanticipated adverse effects; and to provide an unanticipated discovery plan for any unknown archaeological resources and/or human remains; and WHEREAS, in accordance with 36 CFR 800.6(a)(1), FTA has notified the Advisory Council on Historic Preservation (ACHP) of the project refinements and the finding of effect, and the ACHP has chosen to participate in the consultation pursuant to 36 CFR 800.6(a)(1)(iii) by letter dated February 5, 2018, and become a signatory; and WHEREAS, the WLA Leasing Act of 2016 (Pub. L. No. 114-226) allows the Secretary of VA to grant easements or rights-of-way on, above, or under lands at the VA WLA Campus to any local or regional public transportation authority to access, construct, use, operate, maintain, repair, or reconstruct public mass transit facilities including fixed guideway facilities and transportation centers, and a portion of the Undertaking occurs within the boundaries of the VA WLA Campus and the LANC and requires approvals from VA, and therefore, VA is required to comply with Section 106 of the National Historic Preservation Act (NHPA) and has designated FTA as lead agency for the purposes of Section 106 compliance pursuant to 36 CFR 800.2(a)(2) for this Undertaking; FTA invited VA to be an invited signatory and VA accepted; and WHEREAS, the Undertaking requires approval from the U.S. General Services Administration (GSA) for a subsurface easement under lands at the (Westwood) Federal Building, so that LACMTA is able to access, construct, use, operate, maintain, repair, and/or reconstruct public mass transit facilities, and therefore, GSA is required to comply with Section 106 of the NHPA and has designated FTA as lead agency for purposes of Section 106 compliance pursuant to 36 CFR 800.2(a)(2) for this Undertaking; FTA invited GSA to be an invited signatory and GSA accepted; and WHEREAS, the Undertaking crosses Interstate 405, owned and administered by California Department of Transportation (Caltrans) District 7; an encroachment permit from Caltrans District 7 is necessary for portions of the Undertaking that cross these facilities; FTA invited Caltrans to be an invited signatory and Caltrans did not accept the invitation; and WHEREAS, on January 17, 2018, FTA notified the following consulting parties of refinements to Section 3 of the Undertaking and solicited comments on resources within the APE: 1887 Fund, City of Beverly Hills Historic Preservation Division, City of Los Angeles Office of Historic Resources, Beverly Hills Historic Society, Los Angeles Conservancy, Los Angeles City Historic Society, Veterans Park Conservancy, and Muller Company (the property owner of the Linde (Westwood) Medical Plaza); and continued consultation with these consulting parties throughout 2018; and WHEREAS, the following consulting parties have a demonstrated interest in Section 3 of the Undertaking and/or a demonstrated interest in effects to historic properties in Section 3 of the Undertaking and were invited to be concurring parties to this MOA Amendment on April 2, 2019: 1887 Fund, City of Los Angeles Office of Historic Resources, Los Angeles City Historical Society, Veterans Park Conservancy, and Los Angeles Conservancy; and none of these consulting parties accepted the invitation to become a concurring party, and 1887 Fund requested to be removed as a consulting party on September 19, 2019; and WHEREAS, this MOA Amendment was developed with appropriate public involvement (pursuant to 36 CFR 800.2(d) and 800.6(a)) and the public was provided the opportunity to comment on Section 3 of the Undertaking; LACMTA, in coordination with FTA and VA, conducted public outreach beginning in April 2016, consisting of presentations to community groups to inform the public of project refinements to Section 3 of the Undertaking; and beginning in October 2017, conducted outreach with veterans and 2 veterans groups that included presentations at Veterans Advisory Group quarterly meetings, Community Veterans Engagement Board meetings, town hall meetings, and public outreach meetings; and WHEREAS, FTA consulted with the California Native American Heritage Commission (NAHC) and identified two federally recognized Indian tribes, the Soboba Band of Luiseno Indians and Torres Martinez Desert Cahuilla Indians, as well as additional Native American tribes, including the Gabrielino- Tongva Tribe, Gabrielino Tongva Indians of California, Gabrielino/Tongva Nation, Gabrieleno/Tongva San Gabriel Band of Mission Indians, Fernandeno Tataviam Band of Mission Indians, Tongva Ancestral Territorial Tribal Nation, Gabrieleno Band of Mission Indians – Kizh Nation, and the San Fernando Band of Mission Indians, who may attach traditional religious and cultural importance to affected properties pursuant to 36 CFR 800.2 (c)(2)(ii) and has invited these tribes, who are consulting parties, to be concurring parties to this MOA Amendment; the Soboba Band of Luiseno Indians confirmed they have specific lineage in the project area, and have deferred to the Gabrieleno/Tongva San Gabriel Band of Mission Indians; and the Gabrieleno Band of Mission Indians – Kizh Nation, Tongva Ancestral Territorial Tribal Nation, Gabrieleno/Tongva San Gabriel Band of Mission Indians, and Gabrielino Tongva Indians of California have accepted; the Torres Martinez Desert Cahuilla Indians declined to participate in consultation; and WHEREAS, the signatories and invited signatory to the original MOA (referred to as MOA parties in the original MOA) have agreed that an MOA Amendment should be executed to address the changes to Section 3 of the Undertaking, to memorialize the Section 106 consultation with all signatories and consulting parties conducted as a result of these changes to Section 3 of the Undertaking, to include the ACHP as a signatory and VA and GSA as invited signatories to this MOA Amendment, and to document the measures to avoid and minimize adverse effects for Section 3 of the Undertaking; and WHEREAS, Sections 1 and 2 of the Undertaking are under construction and the original MOA remains in effect in accordance with the original MOA’s Duration Stipulation (Stipulation III.E); this MOA Amendment only adds provisions for Section 3 of the Undertaking; and NOW, THEREFORE, in accordance with the original MOA Stipulation III.C, the signatories (FTA and SHPO) and invited signatory (LACMTA) to the original MOA, agree to amend the original MOA to include the newly added signatory (ACHP) and invited signatories (VA and GSA) to this MOA Amendment (collectively referred to as all signatories), and to address refinements in Section 3 of the Undertaking and add provisions for Section 3 of the Undertaking as follows: STIPULATIONS FTA, with the assistance of LACMTA, shall ensure that the following measures are carried out: I. ARCHITECTURAL HISTORIC PROPERTIES A.